Govt Allies Split Over Pan-dems Primaries Arrests

Two top pro-establishment figures are at odds on whether pro-democracy figures have violated the national security law by organising and joining a primary vote last year for the now-postponed Legislative Council elections – specifically if what they did should be considered criminal behaviour.

Authorities arrested 53 people on Wednesday for alleged subversion, saying the primaries last July was part of a plan to paralyse the government and force the chief executive to resign.

They said the pro-democracy camp was hoping to achieve its goals by winning more than half of the seats in Legco and voting down the budget.

Speaking on an RTHK radio programme on Thursday, executive councillor and senior counsel Ronny Tong said he fails to see how the primaries involved the use of force, threat of force or unlawful means – an element necessary to constitute subversion according to the national security law.

Tong said lawmakers would be neglecting their duties and violating Article 73 of the Basic Law if they refuse to properly vet the budget, which could be seen as illegal and amount to subversion.

But he said the situation never reached that point because the Legco elections were delayed.

"We haven't reached that stage yet, and you can't say what would have occurred have already happened. There must be a criminal behaviour and a criminal intent when it comes to a criminal offence. So what is the criminal behaviour [in this case]?" he asked.

But Tong also said he understands the government's argument that the group may have the intention to violate the national security law, pointing out that someone would still be breaking the law if they make plans for a bank robbery, albeit a failed one.

But pro-Beijing stalwart Tam Yiu-chung disagreed, insisting the arrests have a sound legal basis.

Speaking on another programme, Hong Kong's sole member on the National People's Congress Standing Committee said the group has a clear goal of paralysing the government, which is a violation in the security law.

He said all the steps outlined in their plan to achieve their aims, including organising, planning and participating in the primaries, are therefore illegal.

"If you have a series of actions and behaviours, and you have an end goal [that violates the law], we would consider these actions as also illegal," he said.